Terms of service
These terms of service apply to internet hosting services provided by Swarma Limited under the trading name of WebFaction.
Use of WebFaction's services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them.
Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions WebFaction reserves the right terminate the offending account without notice or refund.
Finance and Billing
- Payment for all WebFaction services are required in advance of the commencement of that service.
- Payments will be for a 1, 12, 24 or 36 month contract period. The length of the contract period is chosen by the customer when signing up for an account.
- If the customer chooses a 1 month contract period then the contract will automatically renew for an additional 1 month period at the end of every month indefinitely until cancelled.
- Some services include a set-up fee. This fee will be added to the cost of the first contract period.
- Payments must be made through either WebFaction's payment provider or an authorised reseller. WebFaction reserves the right to change payment providers and resellers at any time.
- PayPal provides payment services to WebFaction for customers paying via credit or debit cards or via the PayPal system.
- 2Checkout.com, Inc. is an authorised reseller of the services provided by WebFaction.
- Notifications of payment will be sent by the payment provider or reseller. The delivery (or otherwise) of this notification is outside of the control of WebFaction.
- Invoices will be downloadable from the web control panel once payment has been received.
- Customers in the UK (including the Isle of Man) and private individuals in the EU will have VAT added to all bills at the rate prevailing in the customer's country.
- Business customers in the EU (excluding the UK & Isle of Man) with a valid VAT registration number will not have VAT added to their invoices. Instead the service will be subject to the reverse charge mechanism, meaning that VAT must be accounted for by the recipient in their own country as per Article 196 of Council Directive 2006/112/EC
- WebFaction reserves the right to change prices at anytime.
Cancellation and Refunds for Shared Hosting Accounts
- Customers may cancel their accounts at anytime via the web control panel.
- If a customer wishes to cancel their account within 60 days of the initial signup they may do so for any reason and receive a full refund.
- After the initial 60 day trial period customers will not receive any refund.
Cancellation and Refunds for Dedicated Servers
- Customers may cancel their accounts at anytime via the web control panel.
- Customers will receive a refund for any unused portion of their initial payment (apart from the current month).
- Set-up fees are non-refundable.
- WebFaction reserves the right to suspend or cancel an account at any time, without notice and for any reason. In this event customers will be entitled to a pro rata refund based upon the remaining contract period.
- WebFaction reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.
- Non-payment of service will result in a notification on non-payment being sent to the administrative email address for the account.
- If payment has not been received within 15 days of it being due the customer's account will be suspended until payment is received.
- If payment has not been received within 45 days of it being due the customer's account will be cancelled.
- Once an account is cancelled, WebFaction is not responsible for the integrity of data associated with that account.
Customers are required to keep their contact details up to date and to include at least one email address which is not hosted by WebFaction.
WebFaction is not responsible for any problems caused by out of date or inaccessible contact details.
Customers may not use WebFaction's servers for any purpose which violates international law or any of the laws of the United States of America, Texas, the United Kingdom or the Client's locality.
Warranties and Limited Liability
WebFaction services are provided "as is" and customers use of these services is at their sole risk. WebFaction hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall WebFaction be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of our services or software. Notwithstanding the above, WebFaction expressly limits its damages to the Customer to those laid out in our Refund policy.
WebFaction regularly backs up customer data on all servers but cannot guarantee the existence, completeness or timings of these backups. Customers are responsible for doing their own backups.
The customer agrees that it shall defend, indemnify, save and hold harmless WebFaction, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney's fees) that may arise or result from:
- Any service provided or performed or agreed to be performed by a customer.
- Any product sold or otherwise distributed by a customer.
- Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation)
- Inaccuracy of any information provided by the customer. Including, but not limited to, libel and false advertising.
- Any customer's use of the WebFaction service in an unlawful manner or in a manner which is in violation of WebFaction's Terms of Service or Acceptable Use Policies.
We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.
We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.
You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.
You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.
The email facilities we provide are intended to allow you to provide a professional presence for you or your customers domains, they are not to be used to provide a general purpose email service like hotmail, or for the sending of bulk email of more than 500 messages a day on average through our SMTP servers without prior arrangement.
RAM and Storage Allowances
- Shared hosting plans: Advertised RAM and storage allowances for shared hosting plans are soft limits enforced by automated monitoring systems. Shared hosting customers who exceed these allowances will be notified via a support ticket and/or email. In extreme cases, WebFaction may terminate processes, archive large files, or take other immediate corrective action prior to notification to ensure that shared servers are not disrupted by the exhaustion of available resources.
- Cloud hosting plans: Advertised RAM and storage allowances for cloud hosting plans are estimates of resources available to the customer, based on the total capacity of the server minus the overhead of the server operating system and hosting infrastructure. Actual availability of resources may vary due to resource utilization by the server operating system and hosting infrastructure. Cloud hosting customers who exhaust the available resources on their cloud servers may be notified via a support ticket and/or email.
- WebFaction reserves the right to revise its policies at any time.
- If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.